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804.7 Arrests by peace officers.

A peace officer may make an arrest in obedience to a warrant delivered to the peace officer; and without a warrant:

1. For a public offense committed or attempted in the peace officer's presence.

2. Where a public offense has in fact been committed, and the peace officer has reasonable ground for believing that the person to be arrested has committed it.

3. Where the peace officer has reasonable ground for believing that an indictable public offense has been committed and has reasonable ground for believing that the person to be arrested has committed it.

4. Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge.

5. If the peace officer has reasonable grounds for believing that domestic abuse, as defined in section 236.2, has occurred and has reasonable grounds for believing that the person to be arrested has committed it.

6. As required by section 236.12, subsection 2.

Section History: Early form

[C51, § 2840; R60, § 4547, 4548; C73, § 4199, 4200; C97, § 5196; C24, 27, 31, 35, 39, § 13468; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 755.4; C79, 81, § 804.7]

Section History: Recent form

85 Acts, ch 175, §12; 86 Acts, ch 1179, § 7

Internal References

Referred to in § 804.7A, 805.9

Footnotes

See Form 3, Appendix of forms, R.Cr.P. 31


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